Soon Wei PLLC

08/07/2026

🚨 U.S. IMMIGRATION ALERT: Major USCIS Rule Shifts & New Executive OrdersIt has been a landmark week for U.S. immigration policy. Between a major USCIS administrative policy alert and two brand-new presidential Executive Orders, the immigration landscape has tightened significantly.Here is a breakdown of what changed in the past few days, what it means for your status or pending applications, and how to protect yourself.
1️⃣ USCIS Restores Immediate Denials Without Warning (Effective Aug 5, 2026)USCIS has officially rescinded Biden-era guidance that required adjudicators to give applicants a "second chance" by issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
- No More Safety Net: Adjudicators now have full discretion to deny applications outright if initial required evidence is missing or if eligibility is not clearly established at filing.
- This applies to all pending cases and new filings.Shorter RFE Timelines: The standard, automatic 12-week response period for RFEs is gone; officers can now assign shorter, customized response deadlines on a case-by-case basis.
- Affidavits Demoted: Affidavits are now formally categorized as "tertiary evidence" and will be subjected to intense multi-factor scrutiny regarding credibility and factual basis.

2️⃣ Trump Signs Two New Executive Orders on Birthright Citizenship (Aug 6, 2026)Following the Supreme Court's June 30 ruling in Trump v. Barbara—which struck down the administration's broad attempt to end constitutional birthright citizenship—President Trump signed two narrower Executive Orders testing new legal strategies:
- Order 1 (Targeted Non-Eligibility): Seeks to deny automatic birthright citizenship to narrow, specific categories, including children born to registered foreign lobbyists, members of foreign terrorist organizations, and foreign diplomats beyond ambassadors.
- Order 2 (Crackdown on "Birth Tourism"): Directs the State Department and DHS to increase scrutiny on B-1/B-2 visitor visa applicants and deny entry to individuals traveling primarily to give birth on U.S. soil.
ℹ️ Important Context: The Supreme Court reaffirmed that the 14th Amendment guarantees citizenship to children born on U.S. soil. Legal scholars note that these orders do NOT affect children born to lawful work visa holders (such as H-1B, L-1, O-1) or lawful permanent residents. Civil rights groups have already announced legal challenges against both orders.

💡 Crucial Takeaways for Applicants & EmployersSubmit Decision-Ready Applications:
- Ensure every required tax transcript, certified translation, and fee is included at the exact moment of filing. Missing documents can trigger an immediate denial.
- Review B-1/B-2 Visitor Requests: Relatives visiting the U.S. during pregnancy or birth should be prepared for heightened consular questioning regarding the primary purpose of their travel.
- Avoid "Placeholder" Filings: Submitting incomplete petitions to secure temporary benefits (like work permits or status bridges) is now extremely risky.

Bottom Line: The cost of an incomplete filing is now a complete rejection and lost filing fees. Double-check every petition before submitting!

Disclaimer: This post is for informational purposes only and does not constitute formal legal advice. Consult a qualified immigration attorney regarding your specific case.

05/22/2026

🚨 MASSIVE SHIFT: The End of Green Cards From Within the U.S.?

A tectonic shift hit the U.S. immigration system today. On Friday, May 22, 2026, the Trump administration and U.S. Citizenship and Immigration Services (USCIS) issued a sweeping policy memo that fundamentally rewrites the rules for how people get green cards.

For decades, if you were physically in the U.S. on a legal temporary visa (like a student, tourist, or work visa) and became eligible for permanent residency—often by marrying a U.S. citizen—you could file your paperwork and cross the finish line without ever leaving the country [1.1.3]. This process is called

Under the new policy, USCIS will treat adjustment of status inside the country as an "extraordinary form of administrative grace" rather than a standard procedure. Moving forward, the vast majority of applicants will be forced to leave the United States and complete their green card interviews at an overseas American consulate.

👥 Who Will This Affect the Most?

While this completely upends the legal immigration system across the board, the policy lands with crushing weight on specific groups:

1. Mixed-Status Families & Immediate Relatives of U.S. Citizens

Historically, marrying a U.S. citizen protected individuals who had overstayed a temporary visa, allowing them to adjust status safely from inside the country.
The New Reality: Under this memo, immediate family ties are no longer an automatic ticket to domestic processing.

The Catch-22: If a family member overstayed their visa and is now forced to leave the U.S. for consular processing, stepping across the border can trigger automatic statutory 3-year or 10-year reentry bans. Families are now forced to choose between indefinite separation or living in legal limbo.

2. Applicants from "Visa-Frozen" Countries

In January 2026, the Department of State suspended immigrant visa processing at U.S. consulates in 75 countries.
If an applicant is from one of these 75 nations, they cannot adjust status inside the U.S., but they also cannot process a visa in their home country. They are effectively trapped in a total procedural gridlock.

3. Legal Visa Holders (Students, Tourists, and Temporary Workers)

Even if you have never violated your status—such as an F-1 student or a B-1/B-2 tourist who complies with every rule—you can no longer easily transition to a green card from inside the U.S. if sponsored by a family member. You must pack up, disrupt your life, and wait out a months- or years-long consular process abroad.

The Key Takeaway: By shifting the definition of domestic processing from an accessible administrative path to an elusive privilege, the administration is using agency discretion to fundamentally alter who gets to stay in America while their paperwork clears.

05/14/2026

🚨 URGENT UPDATE: New USCIS Fees and Processing Changes (May 2026)**
Significant changes have hit the U.S. immigration system this month. From new mandatory fees to enhanced security protocols, it is critical to stay informed to avoid case rejections. Here is what you need to know:
1. New Asylum Fees & Deadlines 💸**
Under the H.R. 1 implementation, several new fees are now in effect. **Crucially, missing a payment can now lead to an immediate application rejection.**
* **Annual Asylum Fee (AAF):** If your asylum application has been pending for more than one year, you are now required to pay a **$102 annual fee**.
* **30-Day Warning:** Starting **May 29, 2026**, if you receive a fee notification and do not pay within 30 days, USCIS will reject your pending application.
* **Court Filing Fee:** There is now a **$100 fee** to file an initial asylum application in immigration court.
* **Work Permits (EAD):** Fees for asylum seekers have increased. An initial work permit is now **$560**, while renewals are **$745 (online)** or **$795 (mail)**.
2. The "Asylum Program Fee" for Employers 🏢**
If you are a business owner filing for employees (Forms I-129 or I-140), you are now responsible for a fee to fund the asylum system:
* **Standard Employers:** $600
* **Small Employers (25 or fewer staff):** $300
* **Nonprofits:** $0
3. Adjudication "Holds" & Security Vetting ⏳
As of April 27, USCIS has implemented a new vetting protocol with the FBI.
The Delay: Most pending cases where fingerprints were taken before late April are currently on "hold" while data is resubmitted. This affects Green Cards, Citizenship, and Work Permits.
Medical Exception: Holds were recently lifted for physicians to ensure no disruption to healthcare staffing.
4. End of Remote Interview Participation 👔
Effective May 18, attorneys are no longer permitted to join USCIS interviews via phone or video. Your legal representative must be physically present with you at the field office.
5. Enforcement & H-2B Caps 🛑
Fraud Crackdown: USCIS and the DOJ have ramped up denaturalization filings and fraud investigations. Accuracy in your historical records is more important than ever.

Use this form to verify fee information for immigration forms.